LAW 7179 - Special Topic B

North Terrace Campus - Trimester 2 - 2019

Rapid technological advancements pose significant challenges for regulators striving to maintain a balance between fostering innovation, ensuring fair markets and protecting consumers and citizens. New technologies have disrupted old markets and allowed for the rapid growth of new, digital markets. This course studies how lawmakers should respond to such evolving digital markets, focusing on specific problems lawmakers face with respect to digital markets. The aim of the course is to enable students to make well-considered assessments of the adequate policy response to digital markets, asking what potential problems require policy intervention, and what type of policy response would be preferable. Topics studied include: the liability of online intermediaries; the role of data protection law and competition law in ensuring privacy on online platforms; the treatment of algorithms in competition law; and regulating online platforms that are part of the 'sharing economy'.

  • General Course Information
    Course Details
    Course Code LAW 7179
    Course Special Topic B
    Coordinating Unit Adelaide Law School
    Term Trimester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange
    Prerequisites Students without a Bachelor of Laws must have completed LAW 7177
    Course Staff

    Course Coordinator: Miriam Buiten

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes

    On successful completion of this course, students will be able to:

    1. Analyse the principles of a nominated area of law, undertake legal research with primary and secondary materials, and evaluate legal information.
    2. Apply law and legal theories, to complex issues, and critique the operation of the law from a policy perspective, either individually or as part of a team.
    3. Structure and sustain concise and cohesive written legal arguments 
    4. Conduct and analyse legal research, and write advice on the basis of that research.
    5. Analyse the impact of a nominated area of law from both policy and practical perspectives
    6. Reflect on their abilities to effectively undertake work as an individual.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
  • Learning Resources
    Required Resources
    • Balto, D. A. and M. C. Lane (2016). 'Monopolizing Water in a Tsunami: Finding Sensible Antitrust Rules for Big Data', Competition Policy International.
    • Buiten, M.C. (2018). 'Regulating Data Giants: Between Competition Law and Data Protection Law', in K. Mathis (ed.) New Developments in Competition Law and Economics.
    • Buiten, M.C., de Streel, A. and Peitz, M. (2018), 'Liability of Online Hosting Platforms', CERRE Report.
    • Colangelo, G. and M. Maggiolino (2017). 'Data Protection in Attention Markets: Protecting Privacy through Competition?', Journal of European Competition Law & Practice 8, 363–369.
    • Costa-Cabral, F. and O. Lynskey (2017). 'Family ties: the intersection between data protection and competition in EU law', Common Market Law Review 54, 11–50.
    • Evans, D.  (2013). 'Attention Rivalry among Online Platforms', 9 Journal of Competition Law and Economics 31.
    • Gal, M. (2018). 'Algorithms as Illegal Agreements', Berkeley Technology Law Journal.
    • Gata, João E. (2015). 'The Sharing Economy, Competition and Regulation', Competition Policy International.
    • Geradin, D. (2015). 'Should Uber be allowed to Compete in Europe? And if so How?', Competition Policy International.
    • Gillespie, T. (2017). 'Governance of and by platforms', in: J. Burgess, Th. Poell, A. Marwick (eds.), SAGE Handbook of Social Media.
    • Helberger, N., J. Pierson and T. Poell (2018). 'Governing online platforms: From contested to cooperative responsibility', The Information Society 34(1), pp. 1-14.
    • Kuschewsky, M. and D. Geradin (2014). 'Data Protection in the Context of Competition Law Investigations: An Overview of the Challenges', World Competition 37, 69–102.
    • Logan, L. (2016). 'Free Expression, Privacy, and Intellectual Property Online: Contesting Intermediary Liability', Communication Law Review 16(1), pp. 24-42.
    • Sartor, G. (2017), 'Providers Liability: From the eCommerce Directive to the future', Study for the European Parliament.
    • Schor, Juliet (2016). 'Debating the Sharing Economy', Journal of Self-Governance and Management Economics, 4/2016, p. 7-22.
    • Sokol, D. D. and R. E. Comerford (2016). 'Does antitrust have a role to play in regulating big data?' In R. Blair and D. Sokol (Eds.), Cambridge Handbook of Antitrust, Intellectual Property and High Tech. Cambridge University Press.
    • Trimble, M. and Mehra, S.K. (2014). 'Secondary Liability, ISP Immunity, and Incumbent Entrenchment', The American Journal of Comparative Law, 62, pp. 685-706.
    Online Learning
    MyUni will be used to post announcements and distribute relevant materials, including readings,  and discusison questions, with which students are expected to engage before attending the face to face classes. MyUni will also be used to distribute resources for assessments and assignment instructions.

    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    This course is taught intensively over 4 days which have, at this stage, been scheduled in May and June 2018.
    Over those days students will engage in a range of lectures and interactive discussions.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The University expects full-time students (i.e. those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This means that you are expected to commit approximately 10 hours of private study in addition to your regular classes.
    Learning Activities Summary
    Week 1: Liability of Online Platforms; Online Privacy Through Data Protection Law and Competition Law
    Week 2: Regulating Algorithms Through Competition Law and Regulation; Regulating 'Sharing Economy' Platforms
    Specific Course Requirements
    Not applicable
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    Assessment Task Task Type (Group or Individual)
    Due Weighting Length Redeemable Course Learning Outcome
    Class Participation Individual

    29 May 2019

    10% - No 5,6
    Online Quiz Individual 28 May 2019 10% 45 minutes No 1,6
    Seminar Presentation Individual 29 May 2019 30% 15 minutes No 1,2,5
    Research Assignment Individual 26 June 2019 50% 4000 words No 2,3,4
    Assessment Detail
    Students will be assessed based on a term paper, a seminar presentation, class participation and an online quiz. In the seminar presentation, students will be asked to propose the topic of their term paper and will be offered feedback in preparation of their term paper.
    Submission of Assignments is via MyUni
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

    Final results for this course will be made available through Access Adelaide.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy ( course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.